| Beroza v Hendler |
| Motion No: 2010-09983 |
| Slip Opinion No: 2010 NY Slip Op 90417(U) |
| Decided on December 10, 2010 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M111827
E/sl
REINALDO E. RIVERA, J.P.
MARK C. DILLON
DANIEL D. ANGIOLILLO
LEONARD B. AUSTIN, JJ.
|
2010-09983 Gregory Beroza, respondent-appellant, v Michele A. Hendler, appellant-respondent. (Index No. 203584/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent on an appeal and cross appeal from a decision of the Supreme Court, Nassau County, dated August 24, 2010, to dismiss the cross appeal on the ground that it was untimely taken. Cross motion by the respondent-appellant to impose a sanction upon the appellant-respondent or for an award of an attorney's fee in the sum of $3,500.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal and cross appeal are dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co.,100 AD2d 509), without prejudice to appealing from any judgment entered upon the decision; and it is further,
ORDERED that the motion is denied as academic; and it is further,
ORDERED that the cross-motion is denied.
RIVERA, J.P., DILLON, ANGIOLILLO and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court